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STONEGA COKE & COAL CO. v. COMMISSIONER OF INT. REV.

Nos. 4693, 4694, 4695.

57 F.2d 1030 (1932)

STONEGA COKE & COAL CO. v. COMMISSIONER OF INTERNAL REVENUE. CENTRAL SUPPLY CO. v. SAME. VIRGINIA WHOLESALE CO. v. SAME.

Circuit Court of Appeals, Third Circuit.

April 9, 1932.

Attorney(s) appearing for the Case

Joshua F. Bullitt, of Philadelphia, Pa., and J. F. Bullitt, Jr., of Big Stone Gap, Va., for petitioners.

G. A. Youngquist, Asst. Atty. Gen., and Sewall Key and John H. McEvers, Sp. Assts. to Atty. Gen. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and R. P. Hertzog, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for respondent.

Before DAVIS, Circuit Judge, and DICKINSON and McVICAR, District Judges.

McVICAR, District Judge.

The petitioners, the Stonega Coke & Coal Company, Central Supply Company, and Virginia Wholesale Company, affiliated corporations, for the year 1922 filed separate income tax returns. The Stonega Coke & Coal Company owned 99 per cent. of the stock of the other two corporations. On September 15, 1923, the Stonega Coke & Coal Company purchased all the stock of the Crab Orchard Company, a...

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